BILL REQ. #:  S-1716.1 

Read first time 02/21/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to the Washington commerce corridor; creating new sections; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   LEGISLATIVE INTENT. (1) The legislature finds that the existing I-5 corridor in Western Washington regularly experiences traffic congestion such that the efficient movement of freight, goods, services, and people is impeded.
     (2) The cost to improve the I-5 corridor in the urban areas is very high and in some cases not possible due to a built-up environment surrounding the existing freeway system.
     (3) The state needs a long-range vision for improving and providing for the north-south movement of freight, goods, services, and people in and through the state in order to achieve economic competitiveness.
     (4) A new commerce corridor will provide an alternative to the existing I-5 corridor and will provide new economic opportunities for underdeveloped geographic areas of the state.
     (5) A new commerce corridor can be built to minimize environmental impacts and provide benefits to communities affected by the corridor.
     (6) A new commerce corridor can be efficiently funded and built by private companies working in cooperation with the state and local communities.
     (7) Funds for the project can be raised using an innovative approach by leveraging tolls and raising revenues from nontraditional transportation revenue sources.
     (8) In order for the legislature to determine whether there are benefits to the citizens of the state, a feasibility study is necessary to identify the engineering, environmental, and economic issues. Such a scoping effort is best led by the Washington state department of transportation in consultation with private companies, communities, and other stakeholders of the commerce corridor.

NEW SECTION.  Sec. 2   DEFINITIONS. As used in this act:
     (1) "Corridor" refers to the Washington commerce corridor described in section 3 of this act;
     (2) "Department" refers to the Washington state department of transportation;
     (3) "Facility" means infrastructure and capital-related additions to the state's transportation system, including but not limited to highways, roads, bridges, park and ride lots, rail stations, and other transportation-related investments;
     (4) "Public utility facility" means a track, pipe, main, conduit, cable, wire, tower, pole, or other item of equipment or an appliance of a public utility.

NEW SECTION.  Sec. 3   WASHINGTON COMMERCE CORRIDOR DEFINED. (1) The Washington commerce corridor will be an alternative route to Interstate 5 that facilitates the movement of freight, goods, people, and utilities.
     (2) The Washington commerce corridor will be a north-south corridor starting in the vicinity of Lewis county and extending northerly to the vicinity of the Canadian border. The corridor must be situated east of state route number 405 and west of the Cascades. The corridor must provide to the extent possible the following accommodations:
     (a) Ability to carry long haul freight;
     (b) Ability to provide for passenger auto travel;
     (c) Freight rail;
     (d) Passenger rail;
     (e) Public utilities; and
     (f) Other ancillary facilities as may be desired to maximize use of the corridor.
     (3) The Washington commerce corridor must be developed, financed, designed, constructed, and operated by private sector consortiums. The department may solicit proposals from private companies and enter into agreements with selected companies, if authorized by the legislative transportation committee.
     (4) The Washington commerce corridor is subject to a joint permitting process involving federal, state, and local agencies with jurisdiction.

NEW SECTION.  Sec. 4   CONCEPTUAL PROPOSAL. The department shall submit to the 2005 legislature a conceptual corridor proposal that identifies key elements and issues to include, but not be limited to:
     (1) Definition of project features, including:
     (a) Potential alignments;
     (b) Estimate of the needed right of way requirements;
     (c) A design level to accommodate the new corridor service. In order to define the building standards for the corridor, the department shall consult with private companies and other stakeholders to recommend level of service standards and other requirements for the construction and operation of the facility;
     (d) Potential traffic projections;
     (e) Potential environmental impacts;
     (f) Potential economic impacts;
     (g) Recommended designation of the corridor within the statewide transportation system;
     (2) Preliminary financial information, including:
     (a) Estimated cost range to develop, construct, and operate the corridor;
     (b) Estimate of revenues that could be derived from tolls on the corridor;
     (c) Estimate of revenues that could be derived from other sources including, but not limited to:
     (i) Air space leases for commercial developments;
     (ii) Facilities leases;
     (iii) Development rights;
     (iv) Leases of right of way for commercial purposes;
     (v) Other revenue-generating ideas;
     (vi) Eligibility of the corridor for federal and state sources of funding;
     (d) Potential sources of revenues that could be leveraged to provide funds for developing construction and operations of the corridor;
     (3) Examination of the legal issues and necessary statutory provisions to enter into an agreement with a private consortium to carry out the corridor project. Such issues include but are not limited to:
     (a) Terms and conditions of agreements necessary to implement the proposal with a private company;
     (b) Agreement provisions that may be required in order for the private companies to finance, construct, and operate the corridor.
     The department shall consult with legal experts to develop terms and conditions of agreements that would be required in order to have private companies develop, finance, construct, and operate the corridor.
     The department shall also consult with potential private partners to examine the legal structure and desirable agreement provisions for a successful partnership to develop the project;
     (4) Identification of potential environmental issues, including:
     (a) Initial assessment of known environmental impacts;
     (b) Assessment and recommendations for an efficient approach to environmental permitting;
     (5) Identification of the potential community issues that might be raised and strategies for addressing any potential concerns.
     The department may contract with expert consultant teams to develop the corridor proposal necessary to conserve resources and get expertise from the private sector.

NEW SECTION.  Sec. 5   LEGISLATIVE APPROVAL. By December 1, 2004, the department shall submit the conceptual corridor proposal to the legislative transportation committee, which will recommend to the legislature that the state embark on a solicitation of proposals from private companies to develop the commerce corridor. The recommendation must include recommended legislation that sets forth the framework of provisions for the agreements that may be entered into by the department for the project.
     If the legislature does not enact legislation authorizing a solicitation of proposals, the department may not pursue further investigation of the commerce corridor.

NEW SECTION.  Sec. 6   EXPIRATION. This act expires January 31, 2005.

NEW SECTION.  Sec. 7   CAPTIONS. Captions used in this act are not part of the law.